❓ Mr Whitely raises concerns about mantraps in his electorate. The Attorney General acknowledges the issue and the inadequacy of current laws, announcing upcoming legislation to address the definition of mantraps and liability for those aware of them.
AnsweredQoN 182Legislative Assembly
QuestionView source ↗
I refer to the discovery of three mantraps in the Serpentine-Jarrahdale hills in my electorate. Will the Attorney General advise the House what action is being taken to ensure that those responsible do not escape justice for their actions? Mr J.A. McGINTY
AnswerView source ↗
I thank the member for the question. As members of this House will be aware, in recent days a number of mantraps have been discovered in the Serpentine-Jarrahdale hills to the south east of Perth. These have included barbed wire strung across a bush track, and spikes in the ground, all believed to be targeted at trail bike riders in that area. However, members may not be aware that the provisions of the Criminal Code dealing with mantraps are so limited as to be practically unenforceable. Therefore, it is likely that the persons responsible, if and when they are detected, will escape justice for what is an awful act. Mantraps are indiscriminate as to who they injure, maim or kill, including innocent bystanders. The first problem with the current provisions of the Criminal Code is that section 305 refers to “a spring-gun, mantrap, or other engine calculated to destroy human life or to inflict grievous bodily harm”. This has been interpreted by the courts in a restrictive way by restricting mantraps and spring guns to those that are engines. In 1998 a man was charged with leaving planks of wood embedded with long nails on his property so that if people jumped over the fence they were likely to land on them and cause themselves serious injury. However, that person was able to evade conviction because under the law the nail planks were not regarded as an engine. The second problem with the current law is that it is not an offence for someone to be aware of the existence of a mantrap and fail to take any reasonable action to render it harmless. Such a person can escape legal liability also. We will be introducing legislation this year to have the definition of a mantrap reflect what we all understand it to be and to include the sorts of things that were discovered in the member for Roleystone’s electorate in the past few days - objects that are placed in such a way to kill, maim or badly injure an individual. In that sense we will revert to the popular meaning and will also expand the class of liable persons who are aware of the existence of a mantrap and fail to take reasonable action to render it harmless. I hope that legislation will enjoy the support of all members of this House.
Mr J.A. McGINTY replied: I thank the member for the question. As members of this House will be aware, in recent days a number of mantraps have been discovered in the Serpentine-Jarrahdale hills to the south east of Perth. These have included barbed wire strung across a bush track, and spikes in the ground, all believed to be targeted at trail bike riders in that area. However, members may not be aware that the provisions of the Criminal Code dealing with mantraps are so limited as to be practically unenforceable. Therefore, it is likely that the persons responsible, if and when they are detected, will escape justice for what is an awful act. Mantraps are indiscriminate as to who they injure, maim or kill, including innocent bystanders. The first problem with the current provisions of the Criminal Code is that section 305 refers to “a spring-gun, mantrap, or other engine calculated to destroy human life or to inflict grievous bodily harm”. This has been interpreted by the courts in a restrictive way by restricting mantraps and spring guns to those that are engines. In 1998 a man was charged with leaving planks of wood embedded with long nails on his property so that if people jumped over the fence they were likely to land on them and cause themselves serious injury. However, that person was able to evade conviction because under the law the nail planks were not regarded as an engine. The second problem with the current law is that it is not an offence for someone to be aware of the existence of a mantrap and fail to take any reasonable action to render it harmless. Such a person can escape legal liability also. We will be introducing legislation this year to have the definition of a mantrap reflect what we all understand it to be and to include the sorts of things that were discovered in the member for Roleystone’s electorate in the past few days - objects that are placed in such a way to kill, maim or badly injure an individual. In that sense we will revert to the popular meaning and will also expand the class of liable persons who are aware of the existence of a mantrap and fail to take reasonable action to render it harmless. I hope that legislation will enjoy the support of all members of this House.
I thank the member for the question. As members of this House will be aware, in recent days a number of mantraps have been discovered in the Serpentine-Jarrahdale hills to the south east of Perth. These have included barbed wire strung across a bush track, and spikes in the ground, all believed to be targeted at trail bike riders in that area. However, members may not be aware that the provisions of the Criminal Code dealing with mantraps are so limited as to be practically unenforceable. Therefore, it is likely that the persons responsible, if and when they are detected, will escape justice for what is an awful act. Mantraps are indiscriminate as to who they injure, maim or kill, including innocent bystanders. The first problem with the current provisions of the Criminal Code is that section 305 refers to “a spring-gun, mantrap, or other engine calculated to destroy human life or to inflict grievous bodily harm”. This has been interpreted by the courts in a restrictive way by restricting mantraps and spring guns to those that are engines. In 1998 a man was charged with leaving planks of wood embedded with long nails on his property so that if people jumped over the fence they were likely to land on them and cause themselves serious injury. However, that person was able to evade conviction because under the law the nail planks were not regarded as an engine. The second problem with the current law is that it is not an offence for someone to be aware of the existence of a mantrap and fail to take any reasonable action to render it harmless. Such a person can escape legal liability also. We will be introducing legislation this year to have the definition of a mantrap reflect what we all understand it to be and to include the sorts of things that were discovered in the member for Roleystone’s electorate in the past few days - objects that are placed in such a way to kill, maim or badly injure an individual. In that sense we will revert to the popular meaning and will also expand the class of liable persons who are aware of the existence of a mantrap and fail to take reasonable action to render it harmless. I hope that legislation will enjoy the support of all members of this House.
Mr J.A. McGINTY replied: I thank the member for the question. As members of this House will be aware, in recent days a number of mantraps have been discovered in the Serpentine-Jarrahdale hills to the south east of Perth. These have included barbed wire strung across a bush track, and spikes in the ground, all believed to be targeted at trail bike riders in that area. However, members may not be aware that the provisions of the Criminal Code dealing with mantraps are so limited as to be practically unenforceable. Therefore, it is likely that the persons responsible, if and when they are detected, will escape justice for what is an awful act. Mantraps are indiscriminate as to who they injure, maim or kill, including innocent bystanders. The first problem with the current provisions of the Criminal Code is that section 305 refers to “a spring-gun, mantrap, or other engine calculated to destroy human life or to inflict grievous bodily harm”. This has been interpreted by the courts in a restrictive way by restricting mantraps and spring guns to those that are engines. In 1998 a man was charged with leaving planks of wood embedded with long nails on his property so that if people jumped over the fence they were likely to land on them and cause themselves serious injury. However, that person was able to evade conviction because under the law the nail planks were not regarded as an engine. The second problem with the current law is that it is not an offence for someone to be aware of the existence of a mantrap and fail to take any reasonable action to render it harmless. Such a person can escape legal liability also. We will be introducing legislation this year to have the definition of a mantrap reflect what we all understand it to be and to include the sorts of things that were discovered in the member for Roleystone’s electorate in the past few days - objects that are placed in such a way to kill, maim or badly injure an individual. In that sense we will revert to the popular meaning and will also expand the class of liable persons who are aware of the existence of a mantrap and fail to take reasonable action to render it harmless. I hope that legislation will enjoy the support of all members of this House.
I thank the member for the question. As members of this House will be aware, in recent days a number of mantraps have been discovered in the Serpentine-Jarrahdale hills to the south east of Perth. These have included barbed wire strung across a bush track, and spikes in the ground, all believed to be targeted at trail bike riders in that area. However, members may not be aware that the provisions of the Criminal Code dealing with mantraps are so limited as to be practically unenforceable. Therefore, it is likely that the persons responsible, if and when they are detected, will escape justice for what is an awful act. Mantraps are indiscriminate as to who they injure, maim or kill, including innocent bystanders. The first problem with the current provisions of the Criminal Code is that section 305 refers to “a spring-gun, mantrap, or other engine calculated to destroy human life or to inflict grievous bodily harm”. This has been interpreted by the courts in a restrictive way by restricting mantraps and spring guns to those that are engines. In 1998 a man was charged with leaving planks of wood embedded with long nails on his property so that if people jumped over the fence they were likely to land on them and cause themselves serious injury. However, that person was able to evade conviction because under the law the nail planks were not regarded as an engine. The second problem with the current law is that it is not an offence for someone to be aware of the existence of a mantrap and fail to take any reasonable action to render it harmless. Such a person can escape legal liability also. We will be introducing legislation this year to have the definition of a mantrap reflect what we all understand it to be and to include the sorts of things that were discovered in the member for Roleystone’s electorate in the past few days - objects that are placed in such a way to kill, maim or badly injure an individual. In that sense we will revert to the popular meaning and will also expand the class of liable persons who are aware of the existence of a mantrap and fail to take reasonable action to render it harmless. I hope that legislation will enjoy the support of all members of this House.
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